Mgmt Final HR

Major activities involved in the HR process

training, job analysis, selection, recruitment, compensation

which major activity is the most important and can’t be messed up?

job analysis

Employees are _____ customers

internal

Human Capital

an organization’s employees described in terms of their training, experience, judgement, intelligence, relationships, and insight

The concept of HRM implies that employees are ______ of the employer

resources

Behaviors of human capital

motivation, effort

Sustainable competitive advantage

an org is better than competitors at something and can hold that advantage over a sustained period of time

HR gives orgs advantages because humans are

valuable, rare, can’t be imitated, have no good subs

Job analysis

process of getting detailed info about jobs

Job design

process of defining the way work will be performed and the tasks that a given job requires

Training

a planned effort to enable employees to learn job related knowledge skills and behaviors

Development

acquisition of knowledge, skills, and behaviors that improve an employee’s ability to meet changes in job requirements and in customer demands

Performance Management

process of ensuring employee’s activities and outputs match the org’s goals

Ways for HR to manage performance

preparation and administration of performance appraisals, discipline

How HR maintains positive employee relations

Preparing and distributing employee handbooks and company publications

Dealing with and responding to communications from employees

Negotiating union contracts and maintaining communication with union representatives

Workforce analytics

use of quantitative tools and scientific methods to analyze data from human resource databases and other sources to make evidence-based decisions that support business goals

Evidence-based HR

collecting and using data to show HR practices have a positive influence on company’s bottom line or key stakeholders

Organizational Stakeholders

Parties with an interest in the company’s success: Typically includes shareholders, community, customers, and employees

Talent Mgmt

Systematic, planned effort to attract, retain, develop, and motivate highly skilled employees and Managers

Corporate Social Responsibility

 A company’s commitment to meeting the needs of its stakeholders.

Sustainability

Ability to profit without depleting resources, including employees, natural resources, and support of surrounding community

How are supervisors involved in HR Mgmt

help define jobs

motivate with support from pay, benefits, and rewards

communicate policies

recommend pay increases and promotions

appraise performance

interview and select candidates

provide training

forecast HR needs

Five rights of employees that HR shouldn’t violate

privacy, freedom of conscience, freedom of speech, due process, free consent

three standards to assess whether practices are ethical

fair and equitable, greatest good for greatest number, respect for basic human rights

EEO

Equal Employment Opportunity: all individuals have equal chance for employment

Govt regulates ___ to ensure EEO

Human Resource Mgmt

Efforts to create EEO include

constitutional amendments, legislation, executive orders, court decisions

EQUAL PAY ACT(1963)

Men and women in an organization doing the same work must be paid equally. Equal is defined in terms of skill, effort, responsibility, and working conditions.

TITLE VII CIVIL RIGHTS ACT (1964)

Prohibits employers from discriminating based on race, color, religion, sex, national origin, Applies to orgs that employ 15 or more

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

Prohibits discrimination against workers who are over the age of 40. Age discrimination complaints make up a large percentage of complaints filed with the EEOC

PREGNANGY DISCRIMINATION ACT (1978)

Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination.

Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990

Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act.

CIVIL RIGHTS ACT (1991)

banned Race Norming

International Employees

Burden of Proof

Reverse Discrimination

Adds compensatory and punitive damages in cases of discrimination under Title VII and ADA.

Race Norming

is the practice of adjusting test scores to account for the race or ethnicity of the test-taker

Reverse Discrimination

the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously.

Burden of Proof

The law made it clearer that once an employee shows evidence of discrimination (prima facie case), the burden shifts to the employer to prove that their actions were legal and non-discriminatory.

GENETIC INFO NON DISCRIMINATION ACT OF 2008

Employers may not use genetic information in making decision related to terms, conditions, or privileges of employment

▪ Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories

▪ Forbids unintentional collection of this data

▪ Forbids harassment of employee because of genetic information

LILLY LEDBETTER FAIR PAY ACT OF 2009

Covers not being paid the same as one's co-workers, where the difference is due to race, color, religion, sex, national origin, age, or disability.

• Redefines the 180 day limit to file a claim with EEOC.

Executive Order 11246 (Johnson)

Prohibits federal contractors and subcontractors from discriminating based on race, color, sex, religion, or national orgin

employers whose contracts meets minimum size requirements must engage in affirmative actions

Executive Order 11478 (Nixon)

Requires federal government to base all its employment decisions on merit and fitness

also covers orgs doing at least $10000 worth of business with federal govt

Protected Class

group of people who are legally protected from discrimination under federal, state, or local laws. Employers, landlords, and other organizations cannot treat members of these groups unfairly

Exceptions That Allow for Differences in Pay Between Men and Women

Seniority system – Employees with more years on the job get paid more.

Merit system – Higher pay for better performance or higher skill.

Quantity or quality of production – Pay based on output or results.

Any factor other than sex – For example, different job duties or education level.

Retaliation

Punishing an employee for exercising their legal rights, such as filing a discrimination complaint, participating in an investigation, or reporting harassment.

Why does protection exist for retaliation?

Employees need to feel safe asserting their rights without fear of losing their job or being treated unfairly. Federal law (Title VII, ADA, ADEA, etc.) makes retaliation illegal.

Affirmative Action

Programs designed to actively promote diversity and prevent discrimination in hiring, promotion, and education.

Affirmative Action’s 3 Components

Utilization Analysis, Goals and Timetables, Action Steps

Utilization Analysis

Examines current workforce vs. availability of qualified minorities and women.

Goals and Timetables

Sets realistic goals for increasing diversity.

Action Steps

Specific measures to reach goals (recruitment programs, training, mentoring).

Disability

A physical or mental condition that substantially limits one or more major life activities (walking, seeing, hearing, working, etc.).

Reasonable Accommodation

Modifications or adjustments that allow a person with a disability to perform their job or access services.

Examples: Wheelchair ramps, modified work schedules, screen readers, or special equipment.

Must be reasonable (not causing undue hardship to employer).

Civil Rights Act 1991 Compensatory and punitive damages

Actual damages: Cover direct loss, like lost wages or benefits.

Compensatory damages: Cover indirect harm, like emotional distress, mental suffering.

Punitive damages: Punish the employer for intentional or egregious discrimination.

Limits on punitive damages:

$50,000 for employers with ≤100 employees

$100,000 for 101–200 employees

$200,000 for 201–500 employees

$300,000 for 501+ employees

Who is responsible for providing EEO at the governmental level?

Equal Employment Opportunity Commission (EEOC)

What does the EEOC do?

Responsible for enforcing most EEO laws

• Investigates and resolves discrimination complaints

• Complaints must be filed within 180 days of incident

• EEOC has 60 days to investigate the complaint.

• Monitors organizations’ hiring practices

• Collects and analyzes EEO-1 Reports

• Issues guidelines to determine law violations

• Uniform Guidelines on Employee Selection Procedures an

example

What type of charge is most filed with the EEOC

retaliation

Two types of discriminations

disparate treatment, Disparate impact

Disparate treatment

differing treatment of individuals based on race, color, religion, sex, national origin, age, or disability status

Companies should evaluate interview questions and decisions criteria to make sure they are job related

Bona Fide Occupational Qualifications (BFOQ)

DEFENSE against Disparate Treatment

A Necessary (not merely preferred) qualification for performing a job

limited to policies directly related to worker’s ability to do the job

Disparate Impact

condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities, often is unintended by employer

DEFENSE: Business necessity

Four Fifths Rule

compares the rate of hiring, not numbers of employees hired

if the hiring rate for the minority group is less than 4/5ths of the hiring rate for the majority group, there is evidence of potential discrimination

Sexual harassment

Unwelcome advances, requests for sexual favors, and other verbal/physical contact

Submission is a condition of employment

“If you don’t go out with me, you won’t get promoted.”

Submission/rejection affects employment decisions

raises, promotions, or hiring decisions depend on accepting sexual advances.

Conduct interferes with work performance or creates a hostile environment

the behavior makes it hard to do your job or makes the workplace intimidating.

Two types of sexual harassment

 quid pro quo, hostile working environment

Quid Pro Quo

“this for that” Occurs when employment benefits are conditioned on sexual favors.

Hostile Work Environment

Occurs when the workplace is made intimidating, hostile, or offensive due to sexual behavior, even if there’s no direct threat to job status.

Preventing Sexual Harassment: Two Prong Test

Employers must (1) take reasonable steps to prevent harassment through policies and training, and (2) take immediate and appropriate action to correct harassment when it occurs.

Organizations can prevent sexual harassment by being:

vigilant:

Developing and communicating a policy that defines and forbids sexual harassment

• Training employees to recognize and avoid this behavior

• Providing a means for employees to complain about harassment and be protected

Occupational Safety and Health Act

• Passed in 1970 in response to roughly 15,000 work-related fatalities that had been occurring every year

• Authorizes the government to establish and enforce occupational safety and health standards within workplace

• Occupational Safety and Health Administration (OSHA)

• Inspects employers for safety and health standards, Sets and applies safety & health standards, Levies fines for violations of standards, keep records of work-related injuries and illnesses

What are the priorities in terms of when OSHA will investigate

Catastrophes and fatal accidents.

Employee Complaints.

High-hazard industries.

Imminent Danger.

Follow-up inspections.

What is a first priority for OSHA to investigate

imminent Danger